News

November 24, 2011

Judiciary needs radical surgical reform – Musdapher

Judiciary needs radical surgical reform  – Musdapher

Justice Dahiru Musdapher

By  BARTHOLOMEW MADUKWE
ABUJA — Chief Justice of Nigeria, Justice Dahiru Musdapher has reiterated that the judiciary was in urgent need of radical surgical reform and called on all Nigerian judges to rise above the daunting challenges by restoring hope and confidence in the judicial system.

Delivering a keynote address at the opening of the 2011 All Nigeria Judges’ Conference, Abuja, Justice Musdapher noted that the theme of the conference “Towards the sustenance of judicial ethics in Nigeria” was germane to the most critical challenges facing the judiciary, adding: “It is a theme that points at the foundation of the problems affecting the quality and timeliness of justice delivery in Nigeria.

“The challenges confronting the judiciary are not insurmountable. There is a determined resolve on our side to face these challenges squarely, and ensure that the ethics of the Bench are complied with by all judicial officers in Nigeria.”

He made a renewed commitment to all Nigerians that the judges shall do their utmost to improve the Nigerian judiciary, adding: “Though we have recorded some commendable successes in stabilizing this country on many occasions, our failures appear more visible in the eyes of the ordinary citizen. I hereby make a renewed commitment to all Nigerians that we shall do our utmost to improve the Nigerian judiciary for the benefit of all.

“We must collectively come together and tackle the problems of court inefficiencies, poor infrastructure and condition of service, decay of intellectual capacity and corruption. These setbacks, among others, have served to disrupt full efficiency of the judiciary and its perception by the public.”

Pointing out some issues affecting Nigeria’s judicial independence, he said the appointment of judges, security of tenure and remuneration, institutional autonomy, judicial accountable, adequacy of resources for the courts, media and societal pressures and scope of judicial power and justiciability greatly affect the judiciary.

He admitted that judges have to eschew immoral practices, saying: “There must be zero tolerance to judicial dishonesty and corruption. Personal bias or prejudice on the part of a judge is improper and should not be tolerated. Animosity or irrational biases are clear signs of improper partiality that disqualify a judge from presiding over a case.”

In a welcome remarks, Administrator of the National Judicial Institute, Justice Umaru Eri (rtd) called for the existence of a national judicial policy to serve as guidance to judicial officers in the country, adding that it will play a fundamental role in sustaining judicial ethics.

In his words: “It is truism that Nigeria does not have a judicial policy at the moment.” He enjoined judges to ensure balancing development and the protection of human rights of the citizen noting that the interests of the powerful must always be reconciled with those of the voiceless poor.

Commending the leadership of President Goodluck Jonathan for making the Rule of Law the cornerstone of his administration, Justice Eri (Rtd.) pleaded to state governments to uphold and comply with the provisions of Section 121 (3) of the 1999 Constitution, which sates “any amount standing to the credit of the judiciary in the consolidated revenue fund of the state shall be paid directly to the heads of courts concerned.”

He said: “No doubt, this will lead to better improved conditions of service of all staff of the judiciary and thus guarantee the much cherished independence for a virile administration of justice in this country” adding that a great nation is not characterized by power alone or by sentiments but by respect for human dignity and by the assurance of equal justice for all.

According to him, the Nigerian Judiciary remains the only institution in Nigeria today whose internal mechanism for standardization is uniquely formidable and transparent, saying “that aggrieved Nigerians institute litigations against even the government is a clear testimony to the hope the judiciary has raised for the common man through its actions.”

Justice Eri (Rtd.) pointed out the vision 20:2020 and the global agenda on the millennium development goals, as initiated by President Jonathan’s administration, is to achieve good governance and provide dividends of democracy for the citizens of Nigeria, adding “we assure you all well-meaning citizens of this great country that our judiciary that has kept faith to its responsibility shall not shirk its duties. It is committed more than ever before to take this country to greater heights by ensuring a virile administration of justice.”

 

Key notes addresses of the occasion was chaired by retired justice of the Supreme Court, Justice Chukwudifu Oputa. Chief Judge Federal Capital Territory (FCT)- Justice Lawal Gummi, Chairman of the Performance Evaluation Committee of the National Judicial Council- Justice Emmanuel Ayoola and Justice of the Court of Appeal- Justice Bode Rhodes-Vivour delivered addresses bothering on various areas of the nation’s judiciary.

Executive Secretary, National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP) Mrs. Beatrice Jeddy-Agba, presented a speech on the topic: “Combating the menace of human trafficking through the judicial process: Challenges and options,” explaining the various efforts of NAPTIP in combating human trafficking.

The Director-General of Inter Governmental Action Group Against Money Laundering and Terrorism Financing in West Africa (GIABA), Senegal, Dr. Abdullahi Shehu, while speaking on “The risk of corruption, money laundering, financial terrorism and organized crime” pointed out the current global trend and the need to keep judicial officers abreast of developments in such field so they will not be caught unaware.